Legal Question in Credit and Debt Law in California
Daughter had a 2 year contract with AT&T wireless--Added me (father) to contract for $9.95 per month--Daughter's phone failed 2 months before end of 2 year period--AT&T refused to repair or replace defective phone--One month later (30 days before contract end) AT&T agreed to provide new phone one month before end of contract...Daughter was instructed to go to AT&T company store and pick up new phone--Company store refused to comply and no new phone was forthcoming--Daughter took her business to Verizon-- AT&T is now billing father for cancellation fee for broken contract...Father has informed by phone AT&T that father did not sign or agree to any agreement with AT&T other than land line phone in his home. Father continues to pay land line phone bill, but has paid nothing towards cell phone bill that is only for cancellation fee...Cancellation fee is now over $500.00---Father needs a strategy????
1 Answer from Attorneys
you could sue them for unfair business tactics and declaratory relief. If this is common you might have a class action. Also you could seek punative damages and try to move it to federal court. There was a recent US Supreme Court decision so you might have to arbitrate but since you never signed a contract I guess that arbitration clause does not apply to you. Contact me because I might be interested in your case.
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